The Justice Problem: Individualising Consensus in a Dissenting World of Moral Pluralism

Abstract: Justice, in the broadest sense of equality and fairness, is a cornerstone aspect of our abilities, as human beings, to lead individual lives in the way we choose according to what we see as the right or the good way to live. A catalyst for any debate over a theory of justice, Immanuel Kant’s work provides a fundamental basis from which we should begin to understand why society, with justice as a key aspect, is shaped in the way it is. His work has influenced many of the legal philosophers considered to provide seminal instantiations of justice. It is the work of these thinkers that carries great importance as a point of departure for reconceptualising an understanding of justice. The current system of International law privileges State authorities as the dominant ideology whose objective standards of justice are permitted to represent the moral identities of each individual found on their territories. However, in a modern day world, transnational issues affecting justice must lead us to believe that such a nationalist view is no longer sufficient. Issues including increasingly prevalent cross-border crime, government and non- governmental regimes intent on systematically destroying the identities of individuals in favour of their own ideologies and the relative ease of ever- increasing migration meaning our understanding of the ‘citizen’ no longer carries such relevance, suggests there is a need to reconceptualise justice processes. Not only should we ensure that individuals have the right to lead autonomous lives in tolerance of individual identity, but in the face of severe destruction to the quality of individual lives, any imbalance deserves effective redress. In respect of modern societal developments however, theory can only take us so far. Not to disregard the pertinence of justice-based theory, a balance must be struck between theoretical and empirical considerations to allow us to effectively respond to an ever-pressing need, not only to understand why justice needs to be reconceptualised, but most importantly, how to achieve it.